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PEOPLE v. HORNE

No. 73-48.

21 Ill. App.3d 10 (1974)

314 N.E.2d 633

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MELVIN HORNE, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied August 7, 1974.

Attorney(s) appearing for the Case

Robert E. Farrell and Margaret Maxwell, both of Office of the State Appellate Defender, of Mt. Vernon, for appellant.

Robert H. Rice, State's Attorney, of Belleville (Thomas M. Daley, Assistant State's Attorney, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE CARTER delivered the opinion of the court:

The defendant was indicted for the alleged offenses of rape and aggravated kidnapping. After originally entering a plea of not guilty, the defendant pled guilty to the charge of rape and was sentenced on July 20, 1972, pursuant to a plea agreement, to serve 4 to 10 years in the penitentiary. The count of aggravated kidnapping was dismissed.

The defendant raised only one issue...

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